MAITAI LANDS ACQUISITION.

Colonist, Volume LVII, Issue 13728, 17 March 1915, Page 3 (Supplement)

MAITAI LANDS ACQUISITION.

THE COMMISSIONER'S REPORT

UNFAVOURABLE TO THE PROPOSAL.

(From "The Colonist," Feb. 27.) At last night's meeting of the City Council the following letter was read from, the Under-Secretary of Public Works:— "With reference to the. application of your Council for the issue of a proclamation taking certain land for re.'.reaoion purposes from the Richardson Estate at Nelson. I am now directed by the Minister of Public Works to forward herewith for your information a cony of the report by Mr J. S. Evans, Commissioner. Tf U wi*J Satnerfrom this report that the Commissioner is of opinion that the taking of th© land on the bank of t,h< river would not give your Council an^ [ right to the bed of the liver isor vesi in your Council the bathing places, for the purpose of obtaining which it is understood that your Council desires to acquire such land j and I am. to add that the Government is advised that the Commissioner.? opinion in this respect is correct, and that a title to river bank land acquired as the result of a proclamation is not governed by the same principles as are applicable to a Crown grant. In the case of a Crown grant of land bounds by " a non-navigable river the presumption is that such grant carries with it the right to the bed of the river to the middle point thereof, but in the case of a proclamation nothing more is taken than is actually defined as taken in the proclamation, and the common law presumption does not therefore apply. Consequently were the Governor to issue a proclamation in this case, taking land on the bank of the river, the bed of th© river would' still remain part, of the Richardson estate, if such land is now part of it, and it would appear from this that Mr Evans is of opinion that these lands should not be taken, but he is of opinion that the main area of about 16 acres required for the recreation ground should be taken. He considers, however, that your Council has rot made proper provision for compensation. In respect to this latter opinion the Crown is advised that he is not correct, and that there is nothing to prevent your Council paying compensation out of its general fund if it thinks fit so to do. "Under ttheso circumstances, and as there is evidently so much difference of opinion between your Council and some of its ratepayers as to the wisdom of your Council proceeding in this matter, the Minister is of opinion that nothing further should be done until after the genera] election of your councillors, next month, when the ratepayers will have an opportunity, if they think fit, of expressing their wishes on the subject." Th© report which was not read, is an exceedingly lengthy document, its main features being indicated in the Under-Secretai y's letter. With reference to the main area of 16 acres, the Commissioner expresses the opinion that the compensation would not be less than the estimate of the Gov« nment valuer, which was much in excess of the value placed upon it by the other valuers wno gave evidence. On Or. Harley's motion, it was decided that the matter be held in abeyance until after the municipal elections.